13.07.2015 Views

Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

Consumer Protection Act - Finlex

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(2) Except where something else can be deemed to have been agreed, the goodsshall:(1) be fit for the purpose for which such goods are ordinarily used;(2) conform to the particular purpose for which the goods were intended, if theseller must have known of this purpose at the conclusion of the sale and ifthe seller had not before the conclusion of the sale informed the buyer thatthe goods possibly do not conform to the intended purpose; (1258/2001)(3) conform to what has been represented by the seller and possess thecharacteristics which the seller has implied by way of a sample or model;(1258/2001)(4) be packaged in a manner that is usual or otherwise appropriate, ifpackaging is necessary to preserve or protect the goods; as well as(5) as to durability and otherwise, correspond to what a consumer ordinarilymay expect in the purchase of such goods.(3) The goods shall in their characteristics conform to the requirements set by law,decree or official decision, unless the buyer intended to use the goods for a purposewhere the said requirement is of no significance.(4) If the goods do not conform to the provisions of paragraphs (1)–(3), they aredefective. However, the buyer shall not invoke as a defect any circumstances thatthe buyer must have known of at the conclusion of the sale. In addition, thebuyer shall not invoke as a defect any circumstances arising from the materialsthat the buyer has supplied for the manufacture of the goods, except if there hasbeen negligence on the part of the seller. (1258/2001)Section 12a — Defect arising from installation or lack of instructions (1258/2001)(1) If the installation or assembly of the goods is included in the contract of sale andif the goods have been installed by the seller or by someone else on the behalf ofthe seller, the goods shall likewise be defective if they do not conform, owing toerroneous installation or assembly, to what has been provided in section 12.(2) The goods shall likewise be defective if they are not delivered complete with suchinstructions that are necessary for the buyer for the installation, assembly, use,maintenance or storage of the goods.13

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